Richardson v. Gardner

Opinion

EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION

ANGELA SCHUNCEY RICHARDSON PLAINTIFF ADC # 712575

v. 3:23CV00119-KGB-JTK

CHARLOTTE GARDNER, et al. DEFENDANTS

ORDER On January 16, 2025, Defendants Charlotte Gardner, Joe Hughes, and Jamie Campbell (the “Medical Defendants”) filed a Suggestion of Bankruptcy and Notice of Stay of these proceedings due to the bankruptcy filing by Wellpath Holdings, Inc., and related entities (Doc. No. 88). See In re Wellpath Holdings, Inc., et al., Case No. 24-90533 (Bankr. S.D. Tex) (the “Wellpath Bankruptcy”). The Bankruptcy Court’s amended order enforcing the automatic stay on an interim basis extends the automatic stay to certain non-debtors, including Defendants Gardner, Hughes, and Campbell. (Doc. No. 88-2). And the Court has discretion to stay to Plaintiff Angela Schuncey Richardson’s related claims against Defendants Jeannie Long and Carl Whitelaw. Sierra Club v. U.S. Army Corps of Eng’rs, 446 F.3d 808, 816 (8th Cir. 2006). Accordingly, this action is STAYED in its entirety until further order. The Medical Defendants must file a status report within 60 days of the date of this Order, and every 60 days thereafter, to advise the Court of the status of the bankruptcy proceedings. If Plaintiff or a non-debtor defendant wishes to file a motion for relief from stay pursuant to 11 U.S.C. § 362, the motion must be filed with the Bankruptcy Court for the Southern District of Texas, 515 Rusk Street, Houston, Texas 77002 in the bankruptcy case (In re Wellpath Holdings, Inc., et al., Case No. 24-90533). IT IS SO ORDERED this 27" day of January, 2025.

JEROME T. KEARNEY UNITED STATES MAGISTRATE JUDGE